12/31/72; AMD, 1982 MAR p. 1098, Eff. Landlords failure to deliver premises tenants remedies. "Tenant" means the owner or operator of a recreational vehicle who has occupied a lot in a park for more than 30 consecutive . You would be surprised how many potential hazards there are in a mobile home park. If you wish to suggest an update please contact us. 2, Ch. 70-33-408. Sec. A landlord is entitled to payment of the removal and storage costs allowed under subsection (2) before the owner may remove the mobile home. History:En. A good first step is to have watertight rules in place so that its clear when one party was out of line. Minimal maintenance. The landlord may store the property in a commercial storage company, in which case the storage cost includes the actual storage charge plus the cost of removal of the property to the place of storage. (i) disorderly conduct that results in disruption of the rights of others to the peaceful enjoyment and use of the premises, for which the notice period is 30 days; Here's a list of the greatest advantages of mobile home park living: Cost. 0000126592 00000 n /N 6 )]qwvA m\mT~{ Qb%U;}p`? Every park can choose if the park itself or the owner is responsible for things such as the maintenance of the outside of the home and lawn care. (b) make a reasonable effort to determine if the mobile home is secured or otherwise encumbered; and It also requires owners to review counteroffers if a residents association uses that time to organize in an effort to purchase the park. The Property Assessment Division appraises and values properties and administers certain property taxes in Montana. However, the tenant must provide a written notice of their intent and can move out if the landlord fails toaddress it. >> The Landlord must place the lien on the home within fifteen days after the rent or utilities are thirty days past due. The attorney currently handling complaints under this law is, at the time of this writing, Steve Brist. Accountability reporting matters. 114, L. 2003. 39, Ch. (l) changes in the use of the land if the requirements of subsection (2) are met, for which the notice period is 180 days; Sec. Also common, though, is a situation in which the landlord owns both the mobile home and the land. *un/]O'#uF}Z|kdIay>`8=nW88Sr w9O Lucas Hancock, 32 of Spokane . As a general rule, mobile home owners should be aware that their home can be repossessed only in situations where they do not own the land the vehicle is currently sitting on. (d) send a notice by certified mail to the last-known address of the tenant and each known party having a lien or encumbrance of record, stating that at a specified time, not less than 15 days after mailing the notice, the property will be disposed of if not removed. 70-33-428. Make sure tenants are aware of garbage collection schedules. The landlord may charge the mobile home owner reasonable removal and storage charges. Disposition of abandoned mobile home. (2) If the landlord does not keep the mobile home stored on the premises, the landlord shall store the mobile home in a place of safekeeping and in either case shall exercise reasonable care for the mobile home. House Bill 429, sponsored by Rep. George Nikolakakos, R-Great Falls, would require the owners of mobile-home parks with more than 50 units to give residents 60 days notice if they sell the property. 70-33-429. Homeowners and emergency vehicles must have access to their homes and the rest of the park respectively. stream Liens currently filed with the Secretary of State's Office are: UCC Lien, a lien against goods used or bought for commercial purposes. (2) If the rental agreement is terminated, the landlord shall return all security recoverable pursuant to Title 70, chapter 25, and any prepaid rent. However, it isimportant to run a safe, peaceful, and profitable mobile home park. Great Falls, MT 59403, Copyright 2020 HH Evictions Stout WordPress theme by. (a) selling all or part of the property at a public or private sale; or /Info 96 0 R 70-33-427. A writing or recording is not necessary to create the lien provided for in this section. This could be because of poor sanitary conditions, accessibility problems, safety concerns, etc. If you wish to make an additional gift toward our accountability coverage, it will go directly toward funding the tools and resources that help bring clarity to the inner workings of our state government. %PDF-1.7 Waiver of landlords right to termination. Such laws often define the rights of the mobile home park owner to evict tenants. If you are renting a lot in an MHP that leases two or more lots, you are covered by the MHOCCA. Security deposits shouldnt be ridiculous. (1) If the court, as a matter of law, finds that: (3) The rights of a tenant under this section do not arise until the tenant has given notice to the landlord and the landlord has had a reasonable opportunity to correct the conditions. 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Nikolakakos said cooperative land ownership, which is often aided by housing nonprofits such as NeighborWorks Montana, can provide an alternative that keeps mobile-home ownership affordable in the long run. 0000136104 00000 n (3) The acceptance of partial payment of rent due does not constitute a waiver of any right. an act generally revising laws related to mobile home parks; revising the allowed capital gains tax exemptions for the sale of a mobile home park; requiring the notification of mobile home park owners; establishing a special revenue account; providing a statutory appropriation; and amending sections 15-31-163 and 17-7-502, mca. House Bill 428, sponsored by Rep. Mike Yakawich, R-Billings, would strengthen several tenant protections for mobile-home owners. 70-33-407. << It would require a two-year term for lot rental renewals, limit utility fees to actual utility costs and extend the timelines for eviction proceedings and the disposal of abandoned mobile homes. 267, L. 2007. xref If the change of use does not require local government permits, the landlord shall give the written notice at least 6 months prior to the change of use. <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> The sale proceeds are subject to any prior security interest of record. Example: A HUD home that will be located on a reservation that sells for $100,000, is subject to $450. (5) The landlord may dispose of the mobile home after complying with subsection (3) by: Dan works heavily in the administrative role within the organization. Prohibited provisions damages. "Resident" means a tenant who has occupied a lot in a park for nine months or more. Mobile-home park owners countered that they believe the sale notice bill interferes with their property rights by making it harder for them to sell their holdings. Action for nonpayment of rent tenants counterclaim. The purpose of these links are to provide manufactured home community tenants with online resources that address issues of Park / Tenant Laws. Unlawful or unreasonable entry by landlord tenants remedies. Landlords remedies after termination action for possession. Well discuss this a little more in the following sections. This is atricky subject that often calls for very careful handling. A month-to-month lease? Noncompliance of tenant generally landlords right of termination damages injunction. (3) After complying with subsections (1) and (2), the landlord shall: 34, Ch. (2) A tenant proceeding under this section may not proceed under70-33-405for a landlords failure to provide essential services. (j) any other noncompliance or violation not covered by subsections (1)(a) through (1)(i) that endangers other tenants or mobile home park personnel or the landlord or manager or causes substantial damage to the premises, for which the notice period is 14 days; /Linearized 1 (1) The remedies provided by this chapter must be administered so that an aggrieved party may recover appropriate damages. 2 - They vary from location to location Some locations are more thorough than others in dictating the requirements placed on mobile home park landlords. They are not low-income government housing, Groven said. Fire or casualty damage rights and obligations of tenant. Administration of remedies enforcement agreement. Landlords failure to maintain premises tenants remedies. (7) (a) The landlord may deduct from the proceeds of the sale the reasonable costs of notice, storage, labor, and sale and, subject to any prior security interest of record, any delinquent rent or damages owing on the premises. /Outlines 88 0 R We already mentioned providing some kind of replacement should services be interrupted. Except in the case of abandonment or surrender or as permitted in this chapter, a landlord may not recover or take possession of the lot by action or otherwise, including purposeful diminution of services to the tenant by interrupting or causing the interruption of running water, electricity, gas, or other essential services. We received 3 reports with mobile home park lot rent running around $400 ($390, $400, and $440). 3 0 obj (a) selling the mobile home at a public or private sale; or (1) If the tenant destroys, defaces, damages, impairs, or removes any part of the premises in violation of70-33-321(3), the landlord may terminate the rental agreement upon giving 3 days written notice specifying the noncompliance under the provisions of70-33-321(3). Foreclosure can also be treated differently based on your state. The aggrieved party has a duty to mitigate damages. 70-33-405. Just because you are the landlord and owner doesnt mean the tenants dont have a say. housing. 70-33-431. History:En. It also covers the minimum number of mobile homes that are expected to be on a mobile home park before it can be a licensed mobile home park. Maurice A. (4) All terms and conditions of the rental agreement remain in effect until the mobile home is removed from the premises and all required cleanup is completed. 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